October 7, 2022


Creating Possibilities

Oct 2022 will see Govt consultations on modernizing the felony justice system’s reaction to HIV non-disclosure

OTTAWA, ON , July 27, 2022 /CNW/ – The Authorities of Canada is unwavering in its commitment to making sure that our criminal justice method keeps communities safe and sound, supports victims, and holds offenders to account, when respecting Charter rights.

As aspect of the pre-convention activities of the Intercontinental AIDS Meeting 2022, the Honourable David Lametti, Minister of Justice and Lawyer Normal of Canada, fulfilled with stakeholders and nowadays announced future consultations on the legal justice response to HIV non-disclosure.

The consultations will start in October 2022 and will seek out enter from stakeholders and the community on how to ideal modernize the felony justice system’s reaction to non-disclosure of HIV standing in mild of scientific proof linked to the possibility of sexual transmission of HIV.

Stakeholders, persons with lived experience and customers of the general public will be invited to share their ideas on ideal ways to minimize the stigma of individuals living with HIV and AIDS, make sure they are taken care of reasonably and respectfully, and that anyone can depend on the felony justice program to secure them.

HIV is a general public health issue and non-disclosure of HIV status is a intricate difficulty. At the moment, individuals residing with HIV who do not disclose their position can be charged with distinctive offences, which includes aggravated sexual assault which is the most severe sexual assault offence in the Criminal Code. This is since in certain situations, the non-disclosure of one’s HIV status can invalidate a different person’s consent to interact in sexual exercise. Nonetheless, criminalization can direct to the stigmatization of persons living with HIV and AIDS, which can often discourage people from becoming tested or trying to find therapy. Moreover, there has been sizeable progress in terms of HIV therapy and scientific proof on fees of transmissibility. For these factors, holding consultations is crucial to creating a route forward that shields victims even though cutting down the stigma of all those living with HIV and AIDS.

Extra facts about the consultations will be designed available in the coming weeks.


“Our Government is dedicated to demanding and lowering the stigma and discrimination involved with HIV and AIDS by performing with provinces, territories, and stakeholders to look at proof-based adjustments to the justice process. Development on this critical situation is probable mainly because of the tricky work of advocates who have pushed for modify. Consultations with key stakeholders and Canadians on how to modernize the prison law’s treatment of HIV non-disclosure is an crucial move towards a fairer, additional just method that keeps individuals risk-free and healthful and addresses the demands of victims.”

The Honourable David Lametti, P.C., Q.C., M.P.

Minister of Justice and Attorney General of Canada

Quick Info

  • An believed 63,000 men and women are residing with HIV in Canada. Of these people today, an approximated 1 in 10 are unaware of their position. In 2020, 1,639 freshly identified cases of HIV ended up reported in Canada. The the greater part of persons identified with AIDS are receiving suitable treatment method.

  • “HIV non-disclosure” refers to conditions wherever a individual dwelling with HIV does not disclose their HIV standing right before sexual exercise that is usually consensual and that poses a realistic chance of HIV transmission.

  • Present-day felony regulation applies to persons living with HIV if they fail to disclose, or misrepresent, their HIV position prior to sexual activity that poses a realistic likelihood of HIV transmission.

  • On December 1, 2017, the Section of Justice Canada launched the Criminal Justice System’s Response to Non-Disclosure of HIV, a report that involved a summary of the scientific evidence on sexual transmission of HIV created by the General public Overall health Agency of Canada.

  • On December 8, 2018, the Attorney General of Canada issued a Directive associated to the prosecution of HIV non-disclosure instances below federal jurisdiction. The Directive specifies, among the other factors, that prosecutions ought to not occur when an specific will take proper measures to protect against transmission of HIV (such as taking proper treatment to retain a supressed viral load), and that prosecutors need to take into account whether prison charges are in the public fascination.

  • The Governing administration of Canada supports a in depth approach to addressing HIV and other Sexually Transmitted and Blood-Borne Infections (STBBI) in Canada. By way of its 5-calendar year Motion System on STBBI, the Govt of Canada has designed progress on its commitments to decrease the effects of STBBI in Canada by 2030.

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Source Office of Justice Canada


Check out primary material: http://www.newswire.ca/en/releases/archive/July2022/27/c1049.html